Thursday, June 30, 2011

The American Optometric Association (AOA) has completed a study of the use of horizontal gaze nystagmus testing by law enforcement and has again endorsed the use of this scientifically valid and reliable tool to detect impaired driving. Read the AOA document at:

Beginning July 1, a DUI 3rd offender will lose his/her privlege to drive for 6 years. A DUI 4th offender will lose his/her license to drive for 8 years. This will apply to all convictions after July 1, 2011. It does not matter when the crime was committed. If the driver is found guilty after July 1, this law will apply. The new law can be read at:http://www.tn.gov/sos/acts/107/pub/pc0379.pdf

Wednesday, June 22, 2011

In State v Brooks, filed today in the Court of Criminal Appeals, a guilty plea had been entered. The defendant reserved the suppression question for appeal. The stop was based on a violation of the mover over law. The defendant drove a semi, did not move over and forced the officer to jump on the hood of his car to save himself. The truckdriver turned out to be a DUI driver.Read the decision at:http://www.tncourts.gov/sites/default/files/state_of_tennessee_v_tracy_j_brooks.pdf

Monday, June 20, 2011

Last week 50 prosecutors from Kentucky and Tennessee met in the mountains to study crash reconstruction and vehicular homicide preparation. A reporter for the Montain Press came out to visit and wroth this story:

An allegedly impaired driver in Cookeville ran off the road and slammed into a SUV parked in a driveway. The owner was sleeping in the house. His SUV was totalled and his house shook from the impact. He wonders why the prior DUI convictions of the impaired driver don't count. They are more than 10 years old. Welcome to our world Larry. Most prosecutors wonder the same thing.

The victim in this case is one of the best auto mechanics I've ever known and an awfully good guy. I'm just glad no one was between the driver and the SUV. Read the story in the Herald Citizen at:

Wednesday, June 15, 2011

At a gas station in Murfreesboro a 28 year old was in his car engaging in a sexual activity. An officer arrived and concluded that he was impaired and in physical control (of his car). He was arrested for DUI. There is a lesson here!

Monday, June 13, 2011

On the way to Sevier County today, I stopped in Knoxville for an oil change and saw the face of ADA Steve Hawkins looking at me from the end table. The Knoxville News Sentinel published an excellent article talking about our friend and public servant as he prepares for retirement at the end of the month. We'll miss you Steve. Read about it at:

Thursday, June 9, 2011

In Polk County a driver pulled out of the Runway Bar and within half a mile crossed the fog line twice and the yellow line into the oncoming lane of traffic. Deputy Glen Stiles pulled him over and the CCA agreed that Deputy Stiles had reasonable suspicion to do so.Read the new case released on June 8th at:

Tuesday, June 7, 2011

Our thoughts and prayers go out to the family, friends and co-workers of Dickson County deputy Keith Bellar. He has passed away from the wounds inflicted by a man involved in a violent attack on his wife. The killer had forced her car off the road. Deputy Bellar thought he was responding to assist a citizen in need. As he drove toward the crash scene, the killer opened fire and the deputy was shot in the head.

Deputy Bellar leaves behind a loving wife and six month old son.Follow the story at the Tennessean at:

The Court of Crimnal Appeals has issued a decision in State v Myers, a Hamilton County case. Myers was convicted of Vehicular Assault, Reckless Aggravated Assault and DUI. The Court affirmed the convictions, but remanded for an order to merge all the convictions into the Vehicular Assault conviction. Read the decision at:

Wednesday, June 1, 2011

To all the naysayers who doubt the constitutionality of the new forced blood law, read this and weep! This sets out some of the case law concerning blood testing that was used to support arguments in favor of the legislation. A few points:

1) there is no right to refusal;

2) the failure to read the implied consent warning only effects the implied consent case, not the admission of the BAC in the DUI.

3) "If probable cause exists to believe that (a) the motorist has consumed an intoxicant; and (b) testing of the motorist’s blood will reveal evidence of his or her intoxication, law enforcement need not obtain the voluntary consent of the motorist before collecting his or her blood sample. Humphreys, 70 S.W.3d at 761 (citing Schmerber, 384 U.S. at 768-72)."

4) The purpose of the implied consent law was to avoid violent confrontations with motorist. It in no way was established to benefit or give a right to an impaired driver.

5)“[T]o carve out a rule of exclusion where the [refusal] provisions . . . have not been followed” is not the purpose of the Implied Consent statute. Hancock, 1999 WL 298219, *7."